HUMSS- PHILIPPINE POLITICS- WEEK No. 4 - Mr. ARNOLD V.

DE CASTRO
 
 

POLICE EXPROPRIATION/EMINENT TAXATION

POWER- ability to influence or outright control DOMAIN
of the behavior of people. - power of the State - power of the State to take private - power of the State to
vested in the legislature to property for public use with just impose taxes on the
-ability to generate change by doing or not doing make, laws for the good compensation. (Article 3, Section property rights of the
an act. and welfare of the State 9, 1987 Philippine Consitution) people.
and its people. (Ermita
Malate Hotel, et. al. vs.
LESSON 1: NATURE City Mayor of Manila,
G.R. No. L-24693, July
Power over Power to Power with 31, 1967)
- ability to - ability to do something on - ability to work with others
dominate another one’s own to get something done
person or group LESSON 3: GENERAL TYPES
- commonly comes - comes from intellect, - comes from cooperation
from force and resources, knowledge, stamina POWER CHARACTERISTIC/s EXAMPLE
threat 1. COERCIVE -power with use of threat or fear -power of State to
of losing something. create criminal laws
that will deprive a
LESSON 2: DIMENSIONS person his liberty if he
commits a crime
Judicial Executive Legislative 2. LEGITIMATE -power coming from an official - power of a Mayor to
- power to interpret and - power to - power to create, pass and enact laws position held by government; issue permit
construe laws implement laws duration of such power is short.
- exercised by the - exercised by the - exercised by the Congress (Senate
courts (Supreme Court President and House of Representatives)
and lower courts)
generally, and other 3. EXPERT -personal power coming from - power of a public
bodies special skills possessed by an technical analyst to
individual; with more investigate cybercrimes
credibility and respect.

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4. REWARD - uses perks, incentives, new - power of the State to FACTS:

projects or training make laws granting tax
opportunities, better roles and exemptions to It was September 15, 1989, when the SC voted 8-7 to dismiss the petition
monetary benefits to influence charitable institutions of the Marcos family to allow the return of former President Ferdinand
people.
Marcos from Honolulu, Hawaii to the Philippines. The Court held that
5. REFERENT - powers that are not related to - power established by
public or governmental acts celebrities and film President Corazon Aquino did not act arbitrarily with grave abuse of
because they are private. stars discretion in determining that the return of former President Marcos and
his family at the present time and under present circumstances pose a threat
to national interest and welfare.
The decision affirmed the constitutionality of President Corazon Aquino's
prior refusal, fearing the instability and security issues that may arise once
the remains of former President Marcos were to be brought back to the
LESSON 4: CONSEQUENCES country. In a statement, she said:
"In the interest of the safety of those who will take the death of Mr. Marcos
in widely and passionately conflicting ways, and for the tranquility of the
state and order of society, the remains of Ferdinand E. Marcos will not be
allowed to be brought to our country until such time as the government, be
it under this administration or the succeeding one, shall otherwise decide."
ISSUES:
Let us have a digest (summary) of the landmark case of 1. Whether or not President Aquino has the power to deny the return of
Marcos v. Manglapus, G.R. No. 88211, October 27, Marcos' remains.
1989.
2. Whether or not President Aquino's refusal to allow the return of Marcos'
remains is tantamount to dictatorship.

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HELD:
1. Yes. It cannot be denied that the President, upon whom executive power ACTIVITY NO. 2:
is vested, has residual powers. The powers of the President are not limited
Give at least two (2) consequences for each general type of
to what are expressly enumerated in the article on the Executive
power (coercive, legitimate, expert, reward, and referent).
Department and in scattered provisions of the Constitution.
Explain briefly the consequences that you will state.

The authorities who drafted the Constitution imposed limit on the powers
of the President as a reaction to the abuses under the regime of Mr. Marcos.
Among the duties of the President under the Constitution, in
compliance with his (or her) oath of office, is to protect and promote
the interest and welfare of the people. Her decision to bar the return
of the Marcoses and subsequently, the remains of Mr. Marcos at the
present time and under present circumstances is in compliance with
this bounden duty.
You can make it in a Word document in any format with file name
(your Last Name, First Name, Middle Initial) which you may sent to
my email address (arnolddecastro888@gmail.com) or directly to my
Facebook messenger (Arnold Villena De Castro) for confidentiality.
You can also write your output manually in a clean sheet of paper,
take a photo/s of said output and send the photo/s to the above-
mentioned email address or Facebook messenger.

2. No, President Aquino acted within the bounds of her power taking into DEADLINE: ON OR BEFORE 11:59 pm, SEPTEMBER 25, 2020.
the account the national security and welfare of the people.
Citation: http://lawschoolnoob.blogspot.com/2018/10/case-digest- ALWAYS KEEP SAFE and GOD BLESS!
marcos-v-manglapus-gr-no.html

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